사기등
1. The part of the judgment of the court below against the defendant A is reversed.
Two years of imprisonment with prison labor for the accused.
1. Summary of grounds for appeal;
A. Defendant A, B, D, and E act as a member of a criminal organization for telecommunications financing fraud (the so-called “singing crime”; hereinafter “singing crime”) and money received under the pretext of salary, etc. is subject to prosecution in accordance with Articles 8(1) and 10(1) of the Act on the Regulation and Punishment of Concealment of Criminal Proceeds (hereinafter “the Act on the Regulation of Concealment of Criminal Proceeds”).
Despite such fact, the lower court did not additionally collect the amount equivalent to the pertinent criminal proceeds from Defendant A, B, D, and E by misapprehending the legal doctrine on additional collection.
B. Both Defendants asserts that the sentence of the lower court is too unreasonable due to the excessive absence of sentence, and the prosecutor asserts that the lower court’s sentence is too uneasible and unfair.
2. According to Articles 2 subparag. 1 and 2 subparag. 2 subparag. 1 of the Act on Regulation of Concealment of Criminal Proceeds, [Attachment] 1-A, 2(a), 8(1), and 10(1) of the Act on Regulation of Concealment of Criminal Proceeds, a crime under Article 114 of the Criminal Act constitutes a serious crime under the Act on Regulation of Concealment of Criminal Proceeds, and a crime under Article 114 of the Criminal Act cannot be forfeited, either the property generated by a criminal act corresponding to a serious crime, or the criminal proceeds, which are the property acquired by the remuneration for such criminal act.
Articles 8(3) and 10(2) of the Regulation on the Concealment of Criminal Proceeds stipulate that if property such as criminal proceeds is property (referring to property acquired from the injured party or property acquired from the possession or disposal of such property by a criminal act falling under Articles 5-2(1)1 and 5-2(2)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, or a criminal act falling under Articles 650, 652 and 654 of the Debtor Rehabilitation and Bankruptcy Act), such property may not be confiscated or collected. However, in addition to the crime of property, it is independent legal interest such as the crime of the act committed by a criminal organization.